Skip to main content

Is this a illegal search

Lubbock, TX |
Filed under: Civil rights

Was with a passenger and got pulled over for not giving a turn signal in a timely manner. I presented dl and insurance, but was still deatined, taken out my car, handcuffed and searched. No drugs where found on me nor the passenger, however a canine was deployed and allowed to enter my car without first being walked around it to signal an "alert" signal.I never gave officers permission.

Attorney Answers 3


  1. Could be. Can't tell for sure on the facts presented here. Were you charged? Suffer damages?

    If charged, tell your attorney about how events happened, it could be helpful to your situation. If not charged and no economic damages, not likely worth suing over.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.


  2. Sounds like it might have been an illegal search, but there just are not enough facts given to make that determination, and the police report will give a much different story.

    R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.


  3. Pretextual stops are alright, you did not signal correctly which is an offense.
    Probable cause? That is more of a grey area, which greatly depends on specific facts. Your appearance - were your eyes blood red? Did you smell like marijuana?
    Dogs can give an alert signal without being walked around the car, perhaps there were so many drugs the dog signaled on approach - these are the specific facts that matter and govern the outcome of cases like these.

    Assuming something was found in your car and you have already been arraigned, discuss this matter in detail with your criminal defense lawyer who will be in the best position to assess the lawfulness of this search and proceed accordingly, as part of an overall effective defense against the charges lodged against you.

    Best of luck

    Statements posted on the Avvo Q&A section are not legal advice. No prudent person anywhere at any time should ever rely upon any statements posted on the Avvo Q&A section. There is no attorney-client privilege based on this interaction. I am not your attorney and there is no attorney-client privilege up until the moment that we have a signed engagement letter with a clear understanding regarding fees - at which point we will not be discussing your legal issue online on a public Q&A board that anyone in the world can view. You should find an attorney that can best represent your interests: using the Avvo lawyer search is one of many possible utilities online to collect names of lawyers you might be interested in meeting with offline to discuss your legal issue in full detail so the legal advice can be tailored to the specific facts of your legal issue.

Civil rights topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics